As a landlord, there may come a time when you need to serve a Section 21 notice to your tenant in order to regain possession of your property A Section 21 notice is typically used when you want to evict a tenant at the end of their tenancy agreement, or if the terms of the tenancy agreement have been breached
Here is a step-by-step guide on how to serve a Section 21 notice:
1 **Make sure you have the right to serve a Section 21 notice**: To be able to serve a Section 21 notice, you must have protected your tenant’s deposit in a government-approved scheme and provided them with the prescribed information within 30 days of receiving the deposit You must also ensure that the tenant was given the required documents, such as an Energy Performance Certificate and a Gas Safety Certificate, at the start of the tenancy.
2 **Check that the tenancy is an assured shorthold tenancy (AST)**: A Section 21 notice can only be served on an AST If your tenancy agreement is not an AST, you will not be able to use a Section 21 notice to evict your tenant.
3 **Check the terms of the tenancy agreement**: Before serving a Section 21 notice, review the terms of the tenancy agreement to ensure that the tenant has not breached any terms If the tenant has breached the agreement, you may need to consider serving a Section 8 notice instead of a Section 21 notice.
4 **Give the correct notice period**: The notice period you need to give your tenant will depend on the type of tenancy agreement you have For a Section 21 notice, you must give your tenant at least 2 months’ notice The notice must also end on the last day of the tenancy period.
5 **Complete the Section 21 notice form**: You can download a Section 21 notice form online or purchase one from a legal stationery shop how do you serve a section 21 notice. The form will ask for details such as the address of the property, the names of the landlord and tenant, and the date the notice is served.
6 **Serve the notice**: There are several ways you can serve a Section 21 notice to your tenant You can deliver it by hand, post it through the letterbox, or send it by registered post It is important to keep copies of any correspondence related to serving the notice.
7 **Consider using a professional**: If you are unsure about how to serve a Section 21 notice, or if you want to ensure that the process is carried out correctly, you may want to consider using a professional, such as a solicitor or a letting agent, to help you.
8 **Keep records**: It is essential to keep records of the Section 21 notice and how it was served This includes copies of the notice itself, proof of postage if it was sent by mail, and any communication with the tenant regarding the notice.
9 **Be prepared for the next steps**: Once you have served the Section 21 notice, you will need to wait for the notice period to expire before taking any further action If the tenant does not vacate the property by the end of the notice period, you may need to apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a legal process that requires careful attention to detail By following the steps outlined in this guide, landlords can ensure that they serve a Section 21 notice correctly and increase the chances of a successful eviction Remember to always seek legal advice if you are unsure about any aspect of serving a Section 21 notice, as mistakes in the procedure can result in delays or even the dismissal of the eviction case.